Williams v. Hays

38 N.E.2d 449 (N.Y. 1894)

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Nature of the Case

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Facts

D and Ps were joint owners of the brig 'Sheldon.' D took the vessel to sail on shares. D was to man the vessel, to pay the crew and to furnish the supplies, and he was to have one-half of her earnings, after certain deductions. Ps were to have the other half, after certain deductions. D was to have the absolute control and management of the vessel and became her owner pro hac vice. The Sheldon was loaded with ice. She soon encountered storms. D was on duty constantly for two days. Exhausted, he went to his cabin, leaving the vessel in charge of the mate and crew. D took a large dose of quinine and laid down. The mate found that the rudder was broken and useless and that the vessel could not be steered. He caused D to come on deck. D refused to believe that the vessel was in any trouble, and refused the help of two tugs. The tugs cautioned D that his vessel was gradually and certainly drifting upon the shore. In broad day-light, she did drift upon the shore without any effort by D or any of his crew to save her. She became a total wreck. Ps had insured their interest, and the insurance company got the subrogated claim. D was sued for negligence or misconduct in the management of the vessel. D claims that from the time he went to his cabin, leaving the vessel in charge of his mate and crew, to the time the vessel was wrecked, he was unconscious and knew nothing of what occurred. D claimed he was insane and not responsible for the loss of the vessel. The case was submitted to the jury, and they found for D. Ps appealed.